Terms and Conditions(Partial)
Interpretation
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The definitions in this clause apply to these Terms:
Application Form: our standard application form on which you specify the Expedition you would like to attend;
Medical Form: our medical form on which you specify your current health and all relevant medical information about you;
Payment Schedule: the payment schedule provided to you by us in writing
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Contract Formation
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If you would like to attend one of our expeditions, you will need to submit an Application Form and a Medical Form to us. The Application Form is an offer by you to enter into a binding contract with us subject to these Terms, which we are free to accept or decline at our absolute discretion.
If any of these Terms are inconsistent with any term of the Application Form, these Terms shall prevail.
You must be over the age of 18 to book and take part in the Expedition.
Expeditions will usually only take place if a minimum of six people join the Expedition.
Should this minimum not be reached within 30 days of the Departure Date, we may, in our absolute discretion, cancel the Expedition in accordance with clause.
We reserve the right to revise and amend these Terms from time to time. The contract between us will be subject to the policies and terms in force at the time that you submit the Application Form, unless any change to those policies or these Terms is required by law or government or regulatory authority in which case it will apply to all bookings.
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Price and payment
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You shall pay to us the Price in accordance with the Payment Schedule. The Price includes sales tax where applicable.
From time to time relevant authorities (for example mountaineering or other authorities of the country or countries where the Expedition is due to take place) may change certain rules which can affect the cost of the Expedition. Upon notification to you of such changes, we reserve the right to increase the Price on a pro-rata basis, to be shared equally between all participants in the Expedition.
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Supply of services
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We will lead the Expedition using all due skill and care although you acknowledge that there are inherent risks in mountaineering expeditions.
We reserve the right to make changes to the Expedition which are necessary to comply with applicable law, regulations or safety requirements, or which do not materially affect the nature or quality of the Expedition.
During the Expedition you shall at all times comply with all policies, procedures and instructions we or our employees, guides or contractors may give to you.
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Transfers and Cancellations
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If we elect to cancel the Expedition pursuant to these Terms, as your exclusive remedy, you may choose to be:refunded in full; ortransferred to another of our expeditions whereupon the Price shall be adjusted by us to reflect the new expedition’s advertised price; ortransferred to another operator’s expedition, whereupon the Price shall be adjusted by us to reflect the new expedition’s advertised price.
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Limitation of liability
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By submitting an Application Form you acknowledge that participation in the Expedition is an inherently risky activity which carries a serious risk of death, altitude sickness, frostbite and dietary problems ( amongst others). You irrevocably waive any claim against us and our employees, guides and contractors which may arise in relation to death or personal injury sustained by you whilst participating in the Expedition;
You are responsible at all times for your own equipment and we shall not be liable in any way for its loss or damage except where it is under our complete control;
If we fail to comply with these Terms, we shall only be responsible for those losses you suffer which are a direct result of our failure to comply with these Terms and which we could reasonably foresee would result from the failure to comply with these Terms; and
Our total liability to you, howsoever arising including in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the Price.
Nothing in these Terms is intended to exclude or limit in any way our liability for:
death or personal injury caused by our negligence; orfraud; orany matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
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Insurance
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You must take out insurance acceptable to us to insure against all the risks that may occur in relation to the Expedition, including without limitation sufficient emergency evacuation insurance that will cover the costs of an evacuation from high altitude during the Expedition.
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General
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You may only use any materials, documents or other items we provide to you for non-commercial purposes.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control including, but not limited to, avalanches, the closing of a country’s borders or natural disasters.
These Terms shall be governed by P.R china law and you and we both agree to the non-exclusive jurisdiction of the P.R china courts.
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